[Federal Register Volume 74, Number 247 (Monday, December 28, 2009)]
[Notices]
[Pages 68567-68568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30626]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Submission for OMB Review; Comment Request
The United States Patent and Trademark Office (USPTO) will submit
to the Office of Management and Budget (OMB) for clearance the
following proposal for collection of information under the provisions
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
Agency: United States Patent and Trademark Office (USPTO).
Title: Patent Reexaminations.
Form Number(s): PTO/SB/57 and PTO/SB/58.
Agency Approval Number: 0651-00XX.
Type of Request: New collection.
Burden: 161,128 hours annually.
Number of Respondents: 5,124 responses per year.
Average Hours per Response: The USPTO estimates that it will take
the public approximately 18 minutes (0.30 hours) to 148 hours to gather
the necessary information, prepare the appropriate form or other
documents, and submit the information to the USPTO.
Needs and Uses: The USPTO is required by 35 U.S.C. 131 and 151 to
examine applications and, when appropriate, allow applications and
issue them as patents. Chapter 30 of Title 35 U.S.C. provides that any
person at any time may file a request for reexamination by the USPTO of
any claim of a patent on the basis of prior art patents or printed
publications. Once initiated, the reexamination proceedings under
Chapter 30 are substantially ex parte and do not permit input from
third parties. Chapter 31 of Title 35 U.S.C. provides for inter partes
reexamination allowing third parties to participate throughout the
reexamination proceeding. The rules outlining ex parte and inter partes
reexaminations are found at 37 CFR 1.510-1.570 and 1.902-1.997.
Information requirements related to patent reexaminations are
currently covered under OMB Control Number 0651-0033, along with other
requirements related to patent issue fees and reissue applications. The
USPTO is proposing to move the following items that are under 0651-0033
into a new information collection for Patent Reexaminations: Request
for Ex Parte Reexamination Transmittal Form; Request for Inter Partes
Reexamination Transmittal Form; Petition to Review the Refusal to Grant
Ex Parte Reexamination; Petition to Review the Refusal to Grant Inter
Partes Reexamination; and Petition to Request Extension of Time in Ex
Parte or Inter Partes Reexamination.
The USPTO is also proposing to include additional items related to
patent reexaminations in this new information collection: Request for
Ex Parte Reexamination; Request for Inter Partes Reexamination; Patent
Owner's 37 CFR 1.530 Statement; Third Party Requester's 37 CFR 1.535
Reply; Amendment in Ex Parte or Inter Partes Reexamination; Third Party
Requester's 37 CFR 1.947 Comments in Inter Partes Reexamination;
Response to Final Rejection in Ex Parte Reexamination; Patent Owner's
37 CFR 1.951 Response in Inter Partes Reexamination; and Third Party
Requester's 37 CFR 1.951 Comments in Inter Partes Reexamination. These
additional items are existing information requirements that previously
were not fully covered by an information collection and are now being
included in order to more accurately reflect the burden on the public
for submitting requests related to patent reexaminations.
The public uses this information collection to request
reexamination
[[Page 68568]]
proceedings and to ensure that the associated fees and documentation
are submitted to the USPTO.
Affected Public: Individuals or households; businesses or other
for-profits; and not-for-profit institutions.
Frequency: On occasion.
Respondent's Obligation: Required to obtain or retain benefits.
OMB Desk Officer: Nicholas A. Fraser, e-mail: [email protected].
Once submitted, the request will be publicly available in
electronic format through the Information Collection Review page at
http://www.reginfo.gov.
Paper copies can be obtained by:
E-mail: [email protected]. Include ``0651-00XX
Patent Reexaminations copy request'' in the subject line of the
message.
Fax: 571-273-0112, marked to the attention of Susan K.
Fawcett.
Mail: Susan K. Fawcett, Records Officer, Office of the
Chief Information Officer, United States Patent and Trademark Office,
P.O. Box 1450, Alexandria, VA 22313-1450.
Written comments and recommendations for the proposed information
collection should be sent on or before January 27, 2010 to Nicholas A.
Fraser, OMB Desk Officer, via e-mail at [email protected], or by fax to 202-395-5167, marked to the attention
of Nicholas A. Fraser.
Dated: December 17, 2009.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. E9-30626 Filed 12-24-09; 8:45 am]
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